E Jean Carroll praised her legal team after a judge dismissed former President Donald Trump’s counter-lawsuit against the writer.
Federal Judge Lewis Kaplan wrote in an order made public on Monday that Mr Trump hadn’t proven that Ms Carroll’s statements on CNN the day after a civil trial jury found that the ex-president had sexually abused Ms Carroll and subsequently defamed her were false or “not at least substantially true”.
Mr Trump sued Ms Carroll in June following her CNN appearance the previous month. Ms Carroll was asked about the verdict – the jury found that while Mr Trump sexually abused her, they didn’t state that Mr Trump had raped her under New York state law, to which Ms Carroll said, “Oh, yes he did”.
Judge Kaplan wrote: “Indeed, the jury’s verdict in Carroll II establishes, as against Mr Trump, the fact that Mr Trump ‘raped her’, albeit digitally rather than with his penis. Thus, it establishes against him the substantial truth of Ms Carroll’s ‘rape’ accusations.”
“In consequence, there is no merit to Mr Trump’s argument that the jury’s finding on Penal Law ‘rape’ question established that Ms Carroll’s statements were false even if her statements reasonably could be construed as referring to ‘rape’ in that specialized Penal Law sense, a subject on which this Court now expresses no view,” he added.
Ms Carroll praised her attorney, writing on her Substack on Monday that “while the world was fixated on a certain bloke’s latest indictments, Robbie Kaplan was making moves”.
“We rely upon the law to bring us justice. As I type these words my heart swells with gratitude for my attorneys,” she added.
“I refer, of course, to that famous fly-fishing maven Robbie Kaplan,” Ms Carroll, 79, wrote on Monday.
She went on to share her appreciation for “the unreasonably hot Shawn Crowley, the swashbucklingly smart Mike Ferrara, the omnipotently shrewd Joshua Matz, the ingeniously even-tempered Matt Craig” as well as “the consummately quick Trevor Morrison, the eternally elegant Helen Andrews, the affectionately ferocious Emmy DeCourcy, the deliciously crafty Donya Khadem, and the paralyzingly penetrating Kate Harris”.
She concluded with “a special salute to Ms. Rachel Tuckman who is enjoying a hellaciously HOT mom summer!”
Judge Kaplan had already rejected Mr Trump’s request for a new trial, CNN notes.
Mr Trump is set to go on trial against Ms Carroll again in January on a separate defamation lawsuit filed by the writer in 2019 for statements Mr Trump made while occupying the White House.
The case has been delayed by the legal battle that ensued. The lawsuit brought under the New York Adult Survivors Act, known as Carroll II, went to trial in May of this year, leading to the writer being awarded $5m.
Mr Trump had appealed that verdict as well as other “adverse” rulings.
Ms Carroll’s legal team have claimed that the only issue that the jury should settle in January is how much Mr Trump should pay the writer. The ex-president’s lawyers have said that there should be a limit to the amount of damages he can owe to avoid doubling up from the jury’s verdict in Carroll II.
Ms Kaplan said in a statement: “We are pleased that the Court dismissed Donald Trump’s counterclaim. That means that the January 15th jury trial will be limited to a narrow set of issues and shouldn’t take very long to complete.
Mr Trump is set to face his challengers in the Republican primary in the Iowa caucuses on the same day.
Ms Kaplan added: “E. Jean Carroll looks forward to obtaining additional compensatory and punitive damages based on the original defamatory statements Donald Trump made in 2019.”
Trump lawyer Alina Habba told CNN: “We strongly disagree with the flawed decision and will be filing an appeal shortly.”
